A High Court in Kenya has issued a temporary suspension of the Senate’s decision to impeach the Deputy President, Rigathi Gachagua.
The ruling comes after Gachagua sought the court’s intervention to prevent the implementation of the impeachment, citing “monumental constitutional issues” involved in the process.
The decision, handed down by Justice Chacha Mwita, will remain in effect pending a hearing on Gachagua’s petition. This development follows Gachagua’s impeachment by the Senate on Thursday night, while he was hospitalized.
In a significant vote, 281 Members of Parliament supported the motion for his ouster, with one MP abstaining from the voting process. Gachagua faced a total of 11 charges, of which he was impeached on five counts.
In addition to halting the impeachment process, the court also suspended the appointment of a replacement for the Deputy President’s position.
Following Gachagua’s impeachment, President William Ruto had nominated Kithure Kindiki, the Minister of Interior, as his new deputy. The National Assembly approved Kindiki’s appointment on Friday morning.
Mwita said, “Upon considering the pleadings, supporting affidavit, and attachments, I am satisfied that the petition and application raise monumental constitutional issues touching not only at the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights.
“Due to the issues raised in the petition and application and the urgency demonstrated, a conservatory order is hereby issued, staying the implementation of the resolution by the Senate upholding the impeachment charges against the petitioner (Gachagua) until October 24, when the matter will be mentioned before the bench to be appointed by the chief justice for appropriate orders and action.”
